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Unlike manyjurisdictions, the Philippines requires trademark owners to file a Declarationof Actual Use at set intervals, proving the mark remains genuinely incommercial use — miss a deadline, and the registration can be removed. Our teamat Brealant tracks these dates and prepares compliant filings.
Legal Definition of a Declaration of Actual Use
A Declaration of Actual Use (DAU) is a sworn statement, with supporting evidence, filed with IPOPHL under the IP Code of the Philippines (RA 8293) confirming that a registered or applied-for mark is genuinely in commercial use.
Purpose and Function of the DAU
The DAU system keeps the Philippine trademark register accurate, ensuring registrations correspond to marks genuinely used in commerce rather than defensive filings that are never used.
Protecting Your Registration
Filing a compliant DAU on time, at every required interval, is the only way to keep a Philippine application or registration in force — it isn't optional or discretionary.
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Contact
Reach out to Brealant to confirm which DAU deadline applies to your Philippine trademark.
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Search
We review your application or registration details and current use of the mark in the Philippine market.
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Quote
Receive a fixed-fee quote for preparing and filing your Declaration of Actual Use.
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Pay
Proceed with secure payment for the service.
File
Brealant prepares the sworn declaration and supporting evidence of use, and files it with IPOPHL.
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Wait
IPOPHL reviews the declaration and evidence submitted.
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Response
You receive confirmation once the DAU is accepted and noted against your record.
In thePhilippines, a DAU is due at three points: within 3 years of the filing date ofthe application, within 1 year of the 5th anniversary of registration, andwithin 1 year of each renewal. Diarising these three separate deadlines is theclearest way to avoid losing your mark through a missed filing.
A missed DAUdeadline results in the application being refused, or the registration beingremoved from the register — regardless of how long you've held the mark or howstrong your brand has become. Brealant's tracking system exists specifically toprevent this administrative risk.
A DAU isessential, but it has boundaries
Doesn't Expand Protection
A DAU confirms use of the mark as registered; it can't be used to broaden the goods or services covered.
Genuine Use Required
The declaration must be truthful — token or fabricated use evidence can be challenged and can expose the owner to cancellation.
Strict Deadlines
There is very limited flexibility once a DAU deadline passes without a compliant filing.
Doesn't Replace Renewal
A DAU filed at the 5-year mark doesn't substitute for the separate 10-year renewal filing that's still required.
Non-Use Justifications Are Narrow
Excuses for non-use, such as force majeure, are accepted only in limited, well-evidenced circumstances.
Brealantreviews your evidence of use carefully before every DAU filing, so the declarationholds up if ever challenged.
Filing your DAUcorrectly and on time protects
Your Application's Progress
A first DAU keeps a pending application from being refused for lack of use evidence.
Your Registration
Subsequent DAUs keep an already-registered mark from being removed from the register.
Your Priority Date
Continuity of protection without having to re-file and lose your original filing date.
Your Enforcement Standing
A mark in good DAU standing is on far firmer ground if you need to enforce or renew it.
Brealanttreats DAU compliance as a core, ongoing part of managing every Philippinetrademark portfolio.
The DAUobligation follows three fixed checkpoints
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First DAU
Due within 3 years of the filing date of the trademark application, regardless of whether registration has yet issued.
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Second DAU
Due within 1 year of the 5th anniversary of the date of registration.
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Renewal DAU
Due within 1 year of each 10-year renewal date.
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IPOPHL Review
IPOPHL reviews the declaration and evidence, and notes it against the trademark record if compliant.
Brealant tracks all three DAU checkpointsfor every Philippine trademark under our management, well ahead of eachdeadline.
DAU filings involve modest government fees relative to the protection they preserve
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These costsare minor compared to the cost of losing a registration and having to re-fileand re-clear the mark from scratch.
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Brealant's feefor preparing and filing each DAU is fixed and quoted in advance, coveringevidence review and submission.
These costsare minor compared to the cost of losing a registration and having to re-fileand re-clear the mark from scratch.
Brealantmaintains a centralised deadline calendar for every DAU checkpoint across yourPhilippine trademark portfolio, reaching out well in advance of each filing souse evidence can be gathered in good time.
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A sworn statement, with supporting evidence, confirming that a Philippine trademark application or registration remains in genuine commercial use, required at set intervals under the IP Code.
Within 3 years of the filing date of the trademark application.
A pending application can be refused, or a registered mark can be removed from the register, for failure to file a compliant DAU.
Typically labelled goods, packaging, invoices, advertising material, or other evidence showing the mark in actual commercial use in the Philippines, dated within the relevant period.
No — the DAU and the 10-year renewal are separate obligations, though a DAU is also required within 1 year of each renewal.
Yes, a single Declaration of Actual Use can cover every class in the registration, provided you submit evidence of use for each class it applies to.
IPOPHL accepts a Declaration of Non-Use with justified reasons, such as force majeure or regulatory restrictions, though this must be properly documented and isn't accepted indefinitely.
The registrant or an authorized representative must sign the sworn declaration; for foreign owners, Brealant can act under a power of attorney to handle this on your behalf.
Yes, IPOPHL charges an official filing fee per DAU submission, separate from any professional fee for preparing and reviewing the supporting evidence.
A properly filed and accepted DAU is strong evidence against a non-use cancellation, though it doesn't make the registration immune — the underlying use still needs to be genuine and provable.
Discover more insights and stay informed about the latest in intellectual property with Brealant's blog. From expert advice on trademark registration and patent protection to strategies for safeguarding your brand in a competitive market, our resources are here to empower your business. .
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